ORDINANCE NUMBER 5
AN ORDINANCE AMENDING ORDINANCE NO. 3; RELATING TO THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND LICENSING OF DOCKS, BOAT MOORING AREAS AND OTHER FIXED OR FLOATING STRUCTURES ON WHITE BEAR LAKE.
Section 1. Ordinance No. 3 is amended to read as follows:
Section 1.01 The Board of Directors of the White Bear Lake Conservation District, aware of the Legislatures concern for the welfare of White Bear Lake and the users thereof and mindful of the rights and legitimate interests of all riparian owners and users of the Lake, enacts this ordinance for the following purposes: to promote safety and sanitation in the use of the Lake, to keep Lake waters open for general public use, to avoid pollution and uncontrolled excessive use of public waters for docks and moorings and other structures, and to eliminate unsafe and unnecessary installations of docks, boat mooring areas and other fixed or floating structures on the Lake.
Section 2.01. Subdivision 1. For the purpose of this ordinance the terms defined in this section shall have the meanings ascribed to them:
Subd. 2. "Lake" means White Bear Lake and all the parts, bays and channels thereof.
Subd. 3. "Shoreline" means the line of contact of the body of water in White Bear Lake with the shore.
Subd. 4. "Municipality" means any municipality as defined in Laws 1971, Chapter 355, Sec. 1.
Subd. 5. "Dock" means any wharf, pier or other structure constructed or maintained in the Lake, whether floating or not, including all "Ls," "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principal structure.
Subd. 6. "Board" means the Board of Directors of the White Bear Lake Conservation District.
Subd. 7. "District" means the White Bear Lake Conservation District.
Subd. 8. "Person" means an individual, individuals, partnership, association, corporation or other entity.
Subd. 9. "Mooring" means any buoy, post, boat lift, structure, or other device at which a watercraft may be moored which is surrounded by navigable water.
Subd. 10. "Site" means any shoreline, lot, parcel or other piece of property legally subdivided and recorded in the office of the Registrar of Deeds.
Subd. 11. "Authorized Dock Use Area" means that area in the Lake which may be used for docks, moorings, boat storage, swimming floats, ski jump storage, diving towers, other such equipment. "Authorized Dock Use Area" is further defined as that area extending into the Lake (1) a distance of 200 feet, or (2) in situations where, at a distance of 200 feet, the Lake is less than four feet deep, then either that distance at which the Lake is four feet deep, or a distance of 300 feet, whichever is less.
Subd. 12. "Single dock or mooring area" means an authorized dock use area which abuts a single owner site.
Subd. 13. "Multiple dock or mooring area" means an authorized dock use area which is abutted by a site with several owners.
Subd. 14. "Commercial dock or mooring area" means a dock or dock structure used in conjunction with a commercial or other revenue producing business enterprise including a private club, or a dock or dock structure on land owned by a municipality or political subdivision but not including apartments or any such business involving the leasing of real property for residential use.
Subd. 15. "Public dock or mooring area" means an authorized dock use area which is abutted by a site owned by a municipality, township, county, or state government.
Subd. 16. "Multiple user dock or mooring area" means:
Subd. 16.a. a single dock or mooring area as defined in Subd. 12 with more than 1 dock or five (5) or more boats, including beached boats, or
Subd. 16.b. a multiple dock or mooring area as defined in Subd. 13 with more than 1 dock, or five (5) or more boats, including beached boats, or
Subd. 16.c. any commercial dock or mooring area as defined in Subd. 14, or
Subd. 16.d. any public dock or mooring area as defined in Subd. 15.
Subd. 17, "Launching Facility" means any access to or from the Lake including a dirt roadway, fabricated ramp, track, mechanical contrivance, or other device or construction used in transferring watercraft from land to water.
Section 3.01. Subdivision 1. The following regulations are applicable as provided.
Subd. 1.a. No dock, mooring or other structure, nor the watercraft using the structure, shall be so located as to: (1) obstruct navigable waters, (2) obstruct reasonable use or access to any other dock, mooring or other structure authorized under this ordinance, (3) present a potential safety hazard, or (4) come within ten feet of any other structure. No dock, mooring area or other structure shall be located or designed so that it unreasonably or unnecessarily requires or tends to encourage using it to encroach any other authorized dock use area.
Subd. 1.b. A dock, mooring or other structure is authorized in an authorized dock use area if it complies with subdivision 1.a. of this section or if it is permitted by a variance granted by the Board under Part VII of this ordinance. After public hearing, the Board by resolution shall be authorized to define explicitly the extent of the Authorized Dock Use Area, maximum dock length or side set in requirements. However, the maximum distance of intrusion into the Lake for any ADUA shall not exceed 300 feet. The Authorized Dock Use Area for a multiple user dock and mooring area shall be defined as part of the license from the Board.
Subd. 1.c. No person shall use any area of the Lake outside an authorized dock use area, for docks, moorings, boat storage, swimming floats, ski jump storage or diving towers, or other such equipment unless such use is specifically permitted under the provisions of this ordinance. Exceptions:
(1) Two or more adjoining site owners may by mutual agreement, use their combined authorized dock use areas for a single common dock or mooring area for their respective private uses, but in any event, must observe these requirements involved in such a joint use. A dock or mooring area located, constructed, installed or maintained under this provision shall not be considered a "Multiple User Dock or Mooring Area" unless such dock or mooring area is intended for the use of five (5) or more boats including any beached boats by any one site owner involved.
(2) An addition may be allowed at the outer end of an authorized multiple user dock for the purpose of fuel sales and related service but in no case for the storage of boats or rental of dock space.
(3) Any dock or mooring area with a valid license as pursuant to Part IV, Section 4.01, Subd. 2. of this ordinance or a valid variance as pursuant to Part VII of this ordinance.
Subd. 1.d. Reasonable space shall be provided in mooring areas to allow navigation freely between moored boats.
Subd. 1.e. Where the provisions of this ordinance would cause a conflict in the use of an Authorized Dock Use Area, the affected person may apply to the Board for resolution of the conflict.
Subd. 1.f. Fragmentation of sites to increase the number of Authorized Dock Use Areas shall be subject to approval by the Directors upon application.
Subd. 2. In the event of any conflicts between the owners of different sites whether adjoining or not and in the event of any conflicts among the common owners or users of one site over use of an authorized dock use area the Board shall arbitrate and settle said conflicts using the licensing procedure of Part IV, Section 4.01, Subd. or the variance procedure of Part VII.
Subd. 3. No person shall use any area of the Lake within an authorized dock use area for docks, moorings, watercraft storage, swimming floats, ski jump storage or diving towers without the consent of the riparian or site owner.
Multiple User Docks or Mooring Areas
Section 4.01. Subdivision 1. Multiple user docks or mooring areas, for the multiple mooring of boats, may be established and maintained in the Lake but only subject to and in accordance with the provisions of this subdivision. It is the policy of the District to permit the establishment of such multiple docks and mooring areas in only a very limited number of instances where necessary to fulfill a public service and where such mooring areas can be established in such a manner as to preserve the use of waters of the Lake by the general public.
Subd. 2. No person shall locate, construct, install or maintain a multiple user dock, launching facility or mooring area on the shoreline of White Bear Lake or in the waters of such Lake, unless he is licensed by the Board of Directors of the District to do so. Obtaining a license from the District shall not relieve any persons from any municipal permit or license requirements.
Subd. 2.a (1) Applications for such licenses shall be made to the Secretary of the District on forms provided by the District. The application shall include, among other things: (1) the name and address of the applicant, (2) the description of the property on which the facility is to be located, (3) the name and address of the owner of the premises, if different from the applicant, (4) if the applicant is not the owner, an explanation of the interest which the applicant has in the property, (5) a showing that all requisite permits, licenses and approvals from the local municipality have been obtained and that the requirements of any other governmental authority have been met, (6) a plan to scale showing the design and location of the facility, and (7) the fee for such a license, as may be established from time to time by resolution of the Board. The application shall include such other information as the Secretary may require to assist the Board in consideration of the application for the license.
(2) When requested by the Board, an additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance, or other expenses incurred by the District. The board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the district for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit.
Subd. 2.b. Licenses shall be issued on a calendar year basis or for a longer period subject to revocation at the discretion of the Board.
Subd. 2.c. When an application has been completed, the Secretary shall schedule the application for consideration by the Board or by a Committee of the Board, and shall notify the applicant of the time and place at which the application will be considered.
Subd. 2.d. The Board may provide for the consideration of applications for licenses by a committee of no less than three members of the Board. The committee shall report its recommendations to the Board for final action.
Subd. 2.e. Review Criteria: In exercising its discretion in resolution of conflicts and in granting or denying licenses, the Board may consider, among other things, the following: (1) whether the proposed facility will create a volume of traffic on the Lake which will tend to be unsafe or which will cast an undue burden of traffic upon the Lake in the vicinity of the facility, (2) whether the proposed facility will be compatible with adjacent development, (3) whether the proposed facility will be compatible with the maintenance of the natural beauty of the Lake, (4) whether the proposed facility will be structurally safe for use by the intended users, (5) whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility, (6) whether adequate parking and sanitary facilities, such as head pump-out facilities, are available or will be provided (7) whether the facility will comply with the regulations contained in the ordinance, (8) whether the proposed facility will affect the quality of the water of the Lake and the ecology of the Lake, (9) whether the proposed facility will serve the general public as opposed to a limited segment of the public or a limited geographical area,
(10) whether the proposed facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public, (11) whether adequate water depth is available for the proposed facility without churning of the bottom sediments, (12) whether the proposed facility will be compatible with the adjacent water use area. The use of multiple dock or mooring areas or launching ramps on the Lake for the purpose of increasing non-riparian property values is not a valid consideration in licensing such facilities.
Subd. 2.f. Renewal of Licenses. Applications for renewals of licenses under this ordinance shall be made no later than October fifteenth in the year preceding the year for which the license is sought. The board shall not accept license applications received after October fifteenth unless the application is accompanied by a late fee, which shall be established from time to time by resolution of the Board.
Subd. 2.g. By making application for a license the applicant consents to permitting officers and agents of the District to enter upon the applicant's premises at all reasonable times to investigate the application and to determine whether the ordinances of the District are being complied with. The application form shall contain a statement to this effect.
Subd. 2.h. No person licensed pursuant to this section shall gain a vested right in said license. The use of the Lake shall remain subject to regulation, and to changes in regulations, from time to time, as the public interest requires.
Subd. 2.j. A licensed multiple user dock or mooring area shall be maintained in a structurally safe condition and shall be maintained in a neat, clean and orderly condition at all times.
Subd. 2.k. When deemed necessary, the Board may impose conditions upon the granting of a license, which conditions shall be in writing. A violation of any of such conditions shall be a violation of this ordinance.
Subd. 2.l. Any license issued under this ordinance may be suspended or revoked by the Board of the District for violation by the licensee of this ordinance or any other ordinance of the District. Action to suspend or revoke a license shall not be taken by the Board except upon at least 10 days prior written notice to the licensee, notifying the licensee of the time and place of the meeting at which the Board will consider such suspension or revocation. At such meeting the licensee shall be given a reasonable opportunity to be heard. Any proceedings to suspend or revoke a license are not to be deemed to penalize the licensee for violations of the ordinances of the District but shall constitute regulatory action of the District.
Subd. 2.m. New Licenses Required. Any change in slip size, ownership, length, width, height or location of a structure or launching ramp requiring a license under this ordinance requires the issuance of a new license therefor.
Swimming Floats and Other Temporary Structures
Section 5.01. Subdivision 1. Licenses for swimming floats, ski jumps, slalom course, diving towers, buoys, markers or other structures surrounded by navigable water.
Subd. 1.a. No swimming floats, buoys, or markers, whether floating or on posts, shall be located in the lake outside the authorized dock use area as prescribed in Part III, Section 3.01, Subd. 1.c. without being authorized by a license from the Board. No ski jumps, slalom courses, diving towers, or other structures surrounded by navigable water, whether floating on or posts, shall be located anywhere in the Lake without being authorized by a license from the Board. Any such license may be granted by the Board if they determine that the granting of the license will not create unusual hazards or obstructions to navigation. Licenses are not required for scuba diving, floats or navigation buoys which meet the current state regulations in effect for navigation season.
Subd. 1.b. Applications for licenses shall be made upon forms provided by the District and shall include the following information: (1) name, address and telephone number of the applicant, (2) type, number and proposed location of structures for which the license is sought, (3) the period of time for which the license is sought, (4) a statement as to how the structure will be reflectorized or lighted, (5) if an organization is seeking the license, a statement as to the nature of the organization, (6) if the license is sought for a particular event, the nature of the event, (7) such other information as the Secretary may require to assist him/her, or the Board, in considering the application for the license, (8) a statement by the applicant that he assumes responsibility for the presence and removal of the structure or structures from the Lake, (9) the fee for such license as may be established from time to time by resolution of the Board.
Subd. 1.c. If a license is granted, the license shall specify the dates, or the period of time, for which it is granted. The granting of licenses may be subject to conditions to protect uses of the Lake. A violation of the terms and conditions of the Permit is a violation of this ordinance.
Subd. 1.d. If any structure is located in the Lake pursuant to a license and is thereafter found to be a hazard or obstruction to the safe use of the lake by others, such license may be revoked. Notice of revocation shall be given to the applicant by the Secretary orally or in writing. If the applicant cannot be found, it shall be sufficient notice of revocation if written notice thereof is delivered to the address of the applicant. Upon notice of revocation, the applicant shall remove the structure within a reasonable time, which shall be specified in the notice of revocation. If the applicant does not remove the structure it may be removed by the District, and the cost of removal shall be borne by the applicant or owner. The failure of the applicant to remove the structure upon receipt of the notice of revocation of the license, and in accordance with such notice, is a violation of this ordinance.
Construction, Repair and Maintenance Standards
Section 6.01. Subdivision 1. All docks, moorings and other structures must be constructed and maintained in the following manner:
Subd. 1.a. Permanent docks, moorings and other structures require a license by the Board.
Subd. 1.b. Temporary docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the Lake.
Subd. 1.c. Multiple user docks or mooring areas may be constructed of such materials and in such a manner as the owner determines provided that such dock or mooring area shall be so built and maintained as to be safe for use by the public, that they do not constitute a hazard to the Lake, or constitute a hazard to the public using the waters of the Lake.
Subd. 1.d. No oscillating, rotating, flashing or moving sign or light may be used on any dock.
Subd. 1.e. Swimming flats, ski jumps, diving towers and other structures surrounded by navigable water, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto sufficient reflectorized material so as to reflect light in all directions. Said material shall be capable of retaining 80
% of its dry weather reflective signal strength when wet.
Subd. 1.f. No advertising signs may be displayed from any dock other than an identifying sign or "for sale" sign which shall be no larger than three square feet in area.
Subd. 1.g. Installation of electrical and fueling facilities on docks, moorings and other structures shall be in accordance with applicable fire and building codes and subject to state and local inspection procedures. Persons making such electrical or fueling installations shall maintain records of compliance with state and local codes and regulations.
Subd. 1.i. Construction of licensed multiple docks or mooring areas, launching ramps and commercial docks must comply with: all local, state and federal regulations applicable to facilities and services provided: municipal zoning, parking and other land use regulations applicable to the facility; and the ordinances of the District pertaining to lake use and structures in the Lake. All licensed multiple docks and mooring areas, launching ramps and commercial docks shall be maintained in a structurally safe condition and shall be maintained in a neat, clean and orderly condition at all times.
Section 7.01. Subdivision 1. Where practical difficulties or particular hardships occur, the Board, upon application being made to it by a person affected, may permit a permanent or temporary variance as designated from the requirements of this ordinance or may require a variance from what is otherwise permitted by this ordinance, provided that such variance, with whatever conditions are deemed necessary by the board, does not adversely affect the purpose of this ordinance, the public health, safety, and welfare, and reasonable access to, or use of, the Lake by the public or riparian owners.
Subd. 2. Applications for variances shall be in writing and shall be filed with the Secretary of the District. The application shall be on the form approved by the Board of Directors. it shall contain (1) name and address of the applicant, (2) description and location of the property for which the variance is sought, (3) the variance for which the application is made, (4) the names and addresses of the owners of abutting sites, (5) if the application is made under Part V the names and addresses of the owners of other affected sites, (6) a map or plat to scale of the site for which the variance is sought, and of abutting or other affected sites, showing any existing docks, moorings or other structures of the proposed location or relocation of any such structures or the proposed location or relocation of any such structures, (7) the consent of the applicant permitting officers and agents of the District to enter upon the applicant's premises at reasonable times to investigate the application and to determine compliance with any variance which may be granted, and (8) such other information, such as surveys and photographs, as the Secretary may require to assist the Board in consideration of the application.
Subd. 3. The variance application shall be accompanied by an application fee as may be determined from time to time by resolution of the Board. Such fee shall not be refunded at any time after the processing of the application has been commenced. An additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance, or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection, maintenance of other expenses incurred by the District in excess of the amount of the deposit.
Subd. 4. Upon receipt of a completed variance application the Secretary shall schedule a review by the Board on the application. He/She shall notify the owners of abutting sites or any other affected site for which the applicant seeks to require a permit a variance.
Subd. 5. The Board may grant a variance from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property or properties under consideration, and shall grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this ordinance. It may impose conditions in the granting of variances to insure compliance and to protect other riparian owners and users of the Lake.
Subd. 6. The Board shall not require the owner of any site who is not the applicant to take any action at variance with what is otherwise permitted by this ordinance without first giving him a reasonable opportunity to be heard thereon as provided in Subd. 4 of this section. If the Board orders him to take the action proposed, or any part thereof, he shall be afforded a reasonable length of time within which to take such action. Any such order shall be in writing, shall be served upon him in the manner that civil process is served and shall specify the length of time within which he shall take the required action.
Subd. 7. Locating, constructing, installing or maintaining a dock, mooring or other structure in a manner different from the terms and conditions of a variance which is ordered or permitted is a violation of this ordinance.
Section 8.01. Subdivision 1. The provisions of this ordinance shall not supersede any municipal ordinance, variance from any ordinance, permit or regulation:
Subd. 1.a. more restrictive in its provisions and applications as to the location,
construction, installation and maintenance of docks, moorings and other structures:
Subd. 1.b. allowing variances that are more restrictive than this ordinance:
Subd. 1.c. establishing zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance or with the White Bear Lake Conservation District generalized purpose of avoiding pollution and uncontrolled excessive use of the Lake.
Subd. 2. Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Nothing in this ordinance is intended to confer upon any person for the benefit of any property any vested right to use the Lake in the manner permitted by this ordinance, but the use of the Lake shall remain subject to such regulations as the District Board and other competent regulatory authorities shall deem necessary from time to time in the public interest.
Subd. 3. From and after the effective date of this ordinance docks, mooring area and other structures in the Lake shall be in conformity with the provisions of this ordinance and any of the same which is not in conformity with the regulation herein shall be regarded as non-conforming.
Subd. 4. All non-conforming uses shall be terminated one year after the effective date of this ordinance.
Section 9.01, Subdivision 1. Every person who shall violate any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $700.00 and costs or imprisonment for not to exceed 90 days or both. Each day a violation continues shall constitute a separate offense.
Subd. 2. In case of a violation of this ordinance, the Board, in addition to the foregoing penalties may institute any proper action or procedure in the name of the District to prevent such violations.
Section 10.01. Should any section, subsection, clause or other provision of this ordinance by declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
Subd. 11.01. Subdivision 1. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by Law and is hereby declared by the Board to have the effect of an ordinance.
Subd. 2. The foregoing ordinance was enacted by a majority vote of all members of the Board of Directors.
Section 2. This ordinance shall take effect on the day following its publication.
Wording to be reviewed by committees and board spring of 1999.